BAWLESHWAR FILMS Vs. DINESH SINGH

JUDGEMENT

(1.) THIS appeal is filed against the order dated 5-10-19% passed by the VIII th A. D. J. , Gwalior granting mandatory injunction to the defendant-appellant for delivering a print of Cinema Film 'shastra' for exhibiting in the cinema hall of plaintiff-respondent on payment of depositing of Rs. 60,000/- by him.

(2.) THE undisputed facts on record are that there was an agreement entered into between the parties on 9-9-1994 for providing a print of cinema film 'shastra' to the plaintiff-respondent on certain conditions for exhibiting in Delite Theatre at Gwalior. It was provided in the first column that the picture was to be screened simultaneously with other cinema halls of Lashkar and Morar. The conditions of the first part were that Rs. 9,000/- were to be paid as rent for 28 regular shows, Rs. 15,000/- were to be paid for signing of the agreement, and Rs. 60,000/- were to be paid 15 days before the taking of the delivery of prints. It was further agreed that all publicity was to be done by the distributors. It is also not disputed that the defendant-appellant was the distributor and the plaintiff-respondent was the exhibitor.

(3.) THE claim of the plaintiff was that he had already paid the signing amount of Rs. 15,000/ -. The plaintiff is also ready to pay Rs. 60,000/-for delivery of the print. The defendant was avoiding for its delivery. The defendant had delivered two prints of the same film to two talkies of Morar and Gwalior whereas the print was not given to the plaintiff-respondent when he was ready and willing to fulfil the conditions. This was an act harming the goodwill and reputation of the cinema hall of the plaintiff which amounted to irreparable loss. The defendant contested on the grounds that the Gwalior Court had no jurisdiction. It is also alleged by the defendant that the terms of the agreement had expired and the same could not be enforced. There was no irreparable loss to the plaintiff and no injunction could be granted. The only relief which is to be claimed was for the damages of the breach of the contract, if any.